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In regards to Alien Smuggling and Harboring Illegal Aliens, under Title 8 of the United States Code Section 1324 any of the following acts or attempts of these acts are illegal:
According to Subsection 1324(a)(1)(A)(i) it is illegal for any person to knowingly and intentionally bring or attempt to bring into the US an alien at any place other than an official point of entry to the country, such as an airport, port or land immigration checkpoint. The crime is applicable to both aliens who are in the country with the US permission and to those who have entered illegally.
According to Subsection 1324(a)(1)(A)(ii) it is illegal for any person to transport or move an alien within the US by any means of transportation, with knowledge or reckless disregard of the alien’s unlawful immigrations status.
According to Subsection 1324(a)(1)(A)(iii), it is illegal for any person to conceal, harbor, or shield from detection or attempt to conceal, harbor, or shield from detection an alien in any place, including buildings or means of transportation with knowledge or reckless disregard of the alien’s illegal immigrations status.
According to Subsection 1324(a)(1)(A)(iv) it is illegal for any person to encourage or induce an alien to come to, enter, or reside in the US, with knowledge or reckless disregard of the fact that such coming to, entry, or residence is a violation of law.
According to Subsection 1324(a)(1)(A)(v) it is illegal for any person to engage in a conspiracy to commit or aid and abet the commission of any of foregoing crimes.
According to Subsection 1324(a)(2), it is illegal for any person to bring or to attempt to bring an alien into the US with knowledge or reckless disregard that the alien was not authorized to come to, enter or reside in the country.
According to Subsection 1324(a)(3)(A) it is illegal for any person, during any twelve-month period, to knowingly hire at least ten individuals with knowledge that these individuals are unauthorized aliens.
According to federal law to convict the defendant under Title 8 of the United States Code 1324(a)(1)(A)(i) the prosecutor must establish that the defendant had knowledge or recklessly disregarded that the person brought to the United States was an alien.
Penalties for human smuggling and harboring illegal aliens are as follows.
Penalties for Alien Smuggling include
Death penalty can be applicable in case the defendant’s actions causes death.
Penalties for Unlawful Employment of Aliens:
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California Penal Code Section 240 defines assault as an attempt to commit a violent injury on someone else. Assault is usually in connection with the battery, though they are two different offenses. Penal Code Section 242 differs battery from an assault as it requires that the defendant actually use force or violence against someone else. For expanded interpretation, here are the legal definitions of the differences between California Penal Code 240, 242, 243 and 273.5.
The prosecutor must establish the following elements to convict the defendant of assault under Penal Code 240:
According to Section 2113 of Title 18 of the United States Code, you cannot take or attempt to take property, money, or items of value from federal banking institutions.
According to 18 USC § 152 and 18 USC § 157 Bankruptcy Fraud is committed when a person makes a misleading claim or false statement in a bankruptcy proceeding or intentionally files a fraudulent bankruptcy petition as part of a larger scheme to defraud. Bankruptcy Fraud can be prosecuted through numerous criminal statutes such as wire fraud, mail fraud, credit card fraud, conspiracy, or tax fraud. The most prevalent charge is Bankruptcy Fraud under USC Section 152 which covers all possible methods that a debtor or other person can employ to defraud any bankruptcy filing or proceeding.
The defendant can’t accidentally commit bankruptcy fraud. Criminal fraud always involves knowingly misleading the court, hiding assets, or taking other fraudulent actions.
Examples of bankruptcy fraud include the following
According to California Penal Code Section 626.9, also known as the California Gun-Free Zone Act, it is illegal to knowingly possess loaded or unloaded a firearm or to discharge a firearm in a school zone.
Prosecutor must establish the following elements to convict the defendant of violating the Gun-Free School Zone Act
Firearm For purposes of PC Section 629.9, a firearm is a device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. School Zone School Zone is an area, “in, or on the grounds of, a public or private school providing instruction to kindergarten or grades 1 to 12”, or within 1,000 feet of those grounds.
California Penal Code Sections 243(b) and 243(c) makes it is illegal to commit a battery on a peace officer. Person can be found guilty of PC 243(b) or (c) if he knowingly used unlawful force against a peace officer while he was performing his duties.
Prosecutor must establish the following elements to prove that the defendant is guilty of battery on a police officer.
Penal Code gives a broad definition to a “peace officer”, which includes the following:
Under California Penal Code Section 666 petty theft with a prior is described as follows: “Every person who has been convicted of three or more times of petty theft, grand theft, auto theft, burglary, carjacking, robbery, or a felony violation resulting in serving time in jail is convicted of petty theft”. Thus for be sentenced to penalties for petty theft with a prior under PC Section 666, defendant must first had conviction of California petty theft penal code 484 and 488.
Prosecution must establish the following elements for convicting the defendant of the petty theft with a prior under Penal Code 666:
Qualifying theft crimes include: grand theft (including grand theft with a firearm) auto theft, carjacking, burglary and robbery. To get conviction of petty theft with a prior the defendant must also have a conviction for any of the below mentioned offenses, additionally to a theft crime conviction.
Sexual assault by Uber drivers is not uncommon, and the sexual assault itself is prevalent all over. A person must give consent for being touched, and without consent, anyone who is touching or behaving inappropriately can be targeted for assault or harassment.
Sexual Assault, Touching, or Rape in an Uber Examples of sexual and physical attacks include:
Depending on the nature of the crime a number of injuries in addition to sexual assault can be caused to the victim. Here is an incomplete list of injures:
In California all drivers of TNCs (transportation network companies), such as Uber, are required to have a rideshare insurance at all times when the app is on. When the app is switched on, the Uber driver’s time is divided into three periods. Uber then decides when its insurance is applicable based on the period the accident happened. Uber's insurance coverages work different ways depending on which "period" the coverage falls under as it may impact your Uber accident claim. The rideshare app is off: The driver's personal insurance is active, which must meet California's minimum auto insurance requirements.
California law has the following minimum auto insurance requirements while rideshare app is on but the driver hasn’t been paired with a passenger.
According to California Penal Code Section 245(a)(1), assault with a deadly weapon is an unlawful attempt to cause bodily harm to another person using a weapon or using force likely to cause great bodily harm.
Prosecutor must establish the following elements to prove an allegation of assault with a deadly weapon.
Unlike battery, physical contact is not required to take place for someone to get arrested and convicted for assault.
The defendant can face up to six months in county jail and a fine up to a maximum fine of $1,000.
The prosecutor must establish the following elements to convict the defendant of battery under Penal Code 242 battery:
Assault is generally an attempt to commit battery. Assault may have taken place without the occurrence of a battery since physical contact is not an element of an assault charge. The crime of battery necessarily requires an assault. The defendant can’t unlawfully and willfully touch another person (battery) without firstly making an unlawful attempt (assault) to do so.
California Penal Code Section 242 defines the crime of battery as any willful and unlawful use of force or violence upon another person. In California, law battery is a misdemeanor crime and the defendant can face up to six months in county jail and a fine of up to $2,000.
Per Penal Code Section 243(e)(1), is a crime often referred to as “spousal battery” and it occurs when a defendant uses violence or force against:
A spousal battery conviction is a misdemeanor with up to one year in county jail and a fine of up to $2,000. A defendant may also be required to enter a batterer’s program and pay up to $5,000 to a battered women’s shelter.
The crime of inflicting corporal injury on a spouse or cohabitant under Penal Code 273.5(a) is similar to spousal battery under Penal Code 243. The crimes involve the same people with whom the defendant has a relationship as under Penal Code Section 243(e)(1). The difference between these two crimes is that for being convicted defendant must have inflicted some type of injury upon the victim.
The prosecutor must establish the following elements to convict the defendant under PC Section 273.5:
In California Penal Code section 273.5 is a wobbler offense, with either a misdemeanor or felony conviction. If convicted of a misdemeanor, the defendant will face up to one year in county jail and a fine of up to $6,000. If convicted of a felony the defendant will face two, three, or four years in state prison and a fine of up to $6,000.
If you or someone you know has been charged with California Penal Code secontions 240, 242, 243, or 273.5 we invite you to contact our criminal defense attorney today at (310) 943-1171 for a free consultation and case reivew.
Prosecutor must establish the following elements to convict the defendant of Federal Bank Robbery under 18 USC 2113
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Good faith belief In case the defendant honestly and in good faith believed the misleading statements or promises made as part of the scheme were true it is a valid defense in federal bankruptcy charges. Substantial Assistance Usually, the most commonly utilized method to avoid the penalties for federal bankruptcy fraud is substantial assistance. The prosecution is authorized to ask the court to suspend or reduce a sentence when the defendant provides substantial assistance in the arrest, identification, or conviction of any other person engaged in the scheme to defraud. Penalties for violating 18 U.S. Code Chapter 9 Under federal law, the punishment for Bankruptcy Fraud may vary depending on the circumstances, nature and of the offense, and the defendant’s criminal history. Under 18 U.S. Code Section 157 the crime of Bankruptcy Fraud is a felony, punishable by:
https://www.youtube.com/watch?v=WCbOdx6gdIE
There are numerous provisions in the law when a person can escape from criminal liability. The law isn’t applicable under the following circumstances:
Legal defenses to California PC Section 626.9 charges
In case the defendant possessed a firearm in, or on the grounds of a public or private school, he will face two, three, or five years sentence in California state prison. If the defendant possessed a firearm within 1,000 feet of the grounds of a public or private school he will face a sentence of two, three, or five years in California state prison when any of the bellow mentioned circumstances apply:
In case the defendant discharged, or attempted to discharge a firearm in a school zone, he will face a sentence of three, five, or seven years in California state prison. For anymore inquires on this matter, give us a call! https://www.youtube.com/watch?v=ffi6hAbU8cw
Penal Code Section 243(b) and (c) is only applicable when the peace officer whom the defendant battered was engaged in the performance of his duties. Violent or Offensive Manner Even the slightest touching, if it is done in an objectively rude or violent manner constitutes offensive touching even if it didn’t cause harm, pain, or any kind of injury. The touching doesn’t need to be direct.
Legal defenses to California Penal Code Section 243(b) and 243(c) include
In case the defendant reasonably believed that he or another person was in imminent danger of great bodily injury or harm and he reasonably used force necessary to deflect that harm, then he can assert self-defense.
For being convicted of a 243(b) or (c) defendant must have intentionally touched the peace officer. In case he didn’t act willfully he cannot be found guilty of battery on a peace officer.
In case the peace officer whom the defendant battered was not engaged in the performance of his duties, then he cannot be found guilty of this crime. Even if the victim announced that he was a peace officer and was wearing a police uniform he cannot be deemed performing his duties in case he unlawfully detained or arrested the defendant, violated defendant’s fourth amendment rights or committed police brutality. This means that officer was not engaged in a legal performance of his duties.
Penalties for violating California PC 243(b) and 243(c) Sections In California a basic battery on a peace officer is a misdemeanor with the following penalties:
California PC Section 243(c): Wobbler According to California PC Section 243(c), a battery on a peace officer that caused an injury is a wobbler and can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history. For purposes of California PC Section 243(c) the injury is considered the one that requires medical attention. Penalties for a misdemeanor conviction are the following:
Penalties for a felony conviction are the following:
Prior to proposition 47, three prior convictions for different theft crimes could lead to a felony sentence of sixteen months to three years for a conviction on a new charge. But, proposition 47 has changed the law so that most of the cases with three prior theft convictions will remain misdemeanors. Exceptions are the following:
Legal defenses to California Penal Code Section 666 charges include
Intent is one of the key elements that must be proved for convicting defendant of a theft crime. In case the defendant didn’t not intent to steal the property he is not guilty of petty theft.
In case the owner of the property gave the defendant a permission to take the property, he can’t be found guilty of petty theft.
In case the property actually belonged to the defendant or if he reasonably but mistakenly believed that the property belonged to him, he is not guilty of petty theft.
Penalties for a California Penal Code Section 666 conviction include In California law petty theft with a prior conviction is a wobbler and can be charged as either a misdemeanor or a felony, depending on the case facts and the defendant’s criminal history.
Our Glendale petty theft lawyers can help you defend your penal code 666 charges. Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Glendale criminal defense attorney. Our lawyers in Glendale, Los Angeles, CA, are highly dedicated to serving to needs of our clients.
The following are the steps the victim must undertake:
In the state of California for personal injury, claims victim has up to two years from the date of the act to file a claim. In case the victim exceeds this statute of limitations, the claim can be outright denied. Therefore, it is important to file a claim against Uber and the driver as soon as possible. The judge will consider the level of injuries inflicted upon the victim. Sexual harassment includes lewd conduct, suggestive language, unwarranted sexual advances, and requests for sexual favors. It leads to uncomfortable situations but generally does not enter the physical realm. However, when it does, it becomes sexual assault, which includes groping, assault and battery, kidnapping, inappropriate touching, threats and intimidation, sexual assault and rape, or any use of physical violence or force. A victim can also file a claim against both the driver and Uber. The Uber driver is a person who has committed the acts and can be responsibly liable for his unlawful actions, but the Company can also be complicit if it was negligent in the hiring process or service provision. There is a case of negligence if the driver had a prior conviction of sexual assault or other related crimes and Uber hired him anyway.
The victim of sexual assault in an Uber can collect the following types of damages:
https://www.youtube.com/watch?v=qd-susLxV4A
Uber’s rideshare policy isn’t applicable for accidents that take place before a driver accepts a passenger, since Uber considers drivers contractors rather than employees. Consequently, they are not responsible for what happens while the driver isn’t on duty.
Once there is a ride request from a passenger and the driver accepts it, this puts the driver in “on duty” status and Uber’s insurance coverage starts. But in case the driver gets in an accident before he picked up the passenger, it follows that the passenger would have to cancel the ride. This adds a layer of difficulty when claiming the insurance coverage.
The third period is the easiest one to claim insurance coverage from Uber. The passenger is in the Uber car, the driver is “on duty” and the Company must cover whatever happens during this period. Consequently once the driver has been paired with a passenger and after the passenger has entered the Uber car, the company is required to carry a $1 million liability insurance policy. Uber provides its drivers with $1 million of uninsured and underinsured motorist bodily injury coverage. It also provides comprehensive and collision coverage with a $1,000 deductible as long as the driver has collision coverage on his personal auto insurance policy. California law requires the driver to be covered by an auto insurance policy at all times. But since the TNC can help meet that requirement, not all rideshare drivers in California need to purchase rideshare insurance for driving legally. But, the driver may want to purchase an individual rideshare policy which will let to maintain some coverage, such as comprehensive, collision and medical payments, during the First period. Otherwise, the driver would have to pay the costs himself if he is injured or the vehicle is damaged in that period.
It is in your best interest to consult with a Los Angeles Uber accident lawyer about your claim before speaking with Uber or an insurance adjuster. This way you will have more leverage in settlement negotiations with Uber and Uber's insurance adjusters to get the compensation you deserve rather than getting lowball settlement offers. If you or a loved one have been injured in an Uber or Lyft accident we invite you to get in touch with our office. We are available 24 hours a day, 7 days a week.
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Deadly weapon is defined as any object or instrument that is inherently deadly or which can be used in such a way as to cause death or great bodily harm.
Some common defenses to an assault with a deadly weapon charge?
In California assault with a deadly weapon is considered a “wobbler”, and can be charged as either a felony or misdemeanor offense depending on the case facts and defendant’s criminal record. The prosecution will take into account different factors such as the type of weapon, the extent of the victim’s injuries and the manner in which the assault was conducted.
Penalties for misdemeanor assault with deadly weapon conviction are the following:
Penalties for felony assault with deadly weapon conviction are the following:
There are some factors that can increase the penalties beyond this range, such as:
The defendant can be sentenced to up to 9 years in prison if he is convicted of assault using a semiautomatic firearm such as a rifle or handgun.
The defendant can be sentenced to up to 12 years in prison if he is convicted of an assault using an automatic weapon such as a .50 BMG rifle, machine-gun or an assault weapon.
The defendant can be sentenced to up 12 years in prison if the victim was a police officer or firefighter on duty at the time the assault took place.
A felony conviction under PC Section 245 can also result in a “strike” for the purposes of California’s “Three-Strike” law. Three strikes on defendant’s criminal record mean that he can be sentenced to life in prison without parole. Are you in need of a criminal defense attorney in California? Get in touch with KAASS Law if you would like us to take a look into your criminal matter.